REVIEW OF CANADAABORIGINAL PROCESS TRANSITION & CHANGE 2004 2006 (DRAFT 1)

Presented by Russell Diabo First Nations Policy Consultant

1st Canada-Aboriginal Roundtable Held April 19, 2004, in Ottawa

Outcomes of Roundtable

Report of Roundtable discussions to be the blueprint for plan of action. Follow-up Meeting between Cabinet Committee on Aboriginal Affairs & National Aboriginal Leaders. Establish Policy Roundtables with participation of Aboriginal Reps, Provinces/Territories, Private Sector. Develop Annual Aboriginal Report Card to Parliament.

Canada-Aboriginal Process

A federal process is established based on the assimilationist term Aboriginal-Canadians and is led by the federal government. First Nations rights & interests are being watered down under a common approach with the Inuit, Mtis & Urban Aboriginals. The process is managed by an oversight committee & planning committee, both committees have federal and Aboriginal reps on them.

5 National Aboriginal Organizations to Represent all Aboriginal Peoples

Assembly of First Nations (AFN). Inuit Tapiriit Kanatami (ITK). Mtis National Council (MNC). Congress of Aboriginal Peoples (CAP). Native Womens Association of Canada (NWAC).

Six Canada-Aboriginal Policy Roundtables Established

Health. Life-Long Learning (Education). Housing. Economic Development. Negotiations (Self-Govt, Land-Claims, Historic Treaties). Accountability/Aboriginal Report Card (Performance Measures/Indicators).

Canada-Aboriginal Process Timeframe

First Canada-Aboriginal Roundtable April 2004. Policy Topic Meetings November 2004 to January 2005. December 2004 AFN Special Chiefs Assembly to ratify and give mandates to AFN National Chief and others. February 2005 Special Assembly on AFN recognition and implementation of First Nations Governance process. Joint Policy Retreat between Cabinet Committee on Aboriginal Affairs (CCAA) & National Aboriginal Leaders. Held May 31, 2005.

Canada-Aboriginal Process Committees

OVERSIGHT COMMITTEE A committee with reps from the AFN, ITK, MNC, PMO, PCO, INAC. This committee is to oversee Prime Ministers commitments from April Roundtable. PLANNING COMMITTEE Each policy topic will have a planning committee. Planning Committees will include reps from NAOs of First Nations, Inuit, Mtis, urban & womens groups, PCO, INAC, Health Canada, Industry Canada, Treasury Board, CMHC & other participants.

Canada-Aboriginal Schedule of Roundtable Sessions

Health Nov. 4, 5, 2004, Ottawa. Lifelong Learning (ECD/K-12) Nov. 13, 14, 2004, Winnipeg. (PSE & Skills Development) Nov. 18, 19, 2004, Ottawa. Housing Nov. 24, 25, 2004, Ottawa. Economic Opportunities Dec. 14, 15, 2004, Ottawa. Negotiations Jan. 12, 13, 2005, Alberta. Accountability Jan. 25, 26, 2005, Ottawa.

Canada-Aboriginal Process Signing of Political Accords

Canada-Aboriginal Political Accords

During a joint session (May 31, 2005) of the federal Cabinet Committee on Aboriginal Affairs with National Aboriginal Leaders, political accords were signed with AFN, MNC, ITK, CAP & NWAC. These political accords established separate processes from the six Roundtables for discussing tougher political legal issues.

Canada-Aboriginal Process AFNs Approach 1

Breakout Sessions Each policy topic meeting will have First Nations, Inuit and Mtis breakout sessions within the larger discussion. AFN Participation is based on:

The overall goal of First Nation government Recognition of First Nations jurisdiction Addressing the need for sustainable First Nation governments, services and institutions Improve integration and coordination to address gaps and promote access to services Address critical needs such as program backlogs & gaps.

Canada-Aboriginal Process AFNs Approach 2

AFN is working with Regional Vice-Chiefs and AFN National Committees to confirm AFNs core reps to these sessions. AFN also has the opportunity to nominate other participants. AFN and the federal government are filtering First Nations (and Aboriginal) participation into the process.

Canada-Aboriginal Process AFNs Approach & Invitation 3

Nominate - people you consider experts on any of the six subjects to take part in the policy sessions. Look at - AFN Position Papers & send comments. Attend - AFN Special Assembly in December 2004, to discuss the results of the first 3 policy sessions. The AFN Assembly will set next steps & direction for joint policy retreat in February 2005. [Refers to May 31, 2005 Meeting]

Canada-Aboriginal Process First Ministers Meeting - Kelowna

Canada-Aboriginal Process Background to Kelowna Meeting

At the last federal-provincial conference on "Indian Welfare" in 1964, the Pearson Liberal Government rewrote history by claiming that the provinces have always been responsible to fund Indian programs and service on and off reserves. The provinces rejected this attempt to offload costs that are 100% federal jurisdiction. First Nations mobilized and formed the National Indian Brotherhood to fight this threat to treaty and fiduciary rights.

Canada-Aboriginal Process Background to Kelowna Meeting

What followed was four decades of offloading until the federal government had withdrawn from most off-reserve funding. Canada now funds only a subsistence level of on-reserve services. Former INAC Minister and Prime Minister, Jean Chretien, wrote that this is "on humanitarian grounds" because the provinces won't pay. The offloading occurred in waves, and the fiscal shocks on the provinces and on First Nations were tremendous.

Canada-Aboriginal Process Background to Kelowna Meeting

The Martin Liberals claim they are Aboriginal friendly. Then why do they hire Reform Party Aboriginal advisor Tom Flanagan as legal expert witness to dispute claims that Ottawa has an obligation to fund services? Why have they spent over $50 million in the Samson Cree case (in Alberta) alone, denying the existence of any obligation?

Canada-Aboriginal Process Background to Kelowna Meeting

This conference and its 10 year plan are about putting a ceiling on the federal fiscal obligation at a level far below what is needed to equalize health and socioeconomic conditions. Signing the agreement will commit First Nations to 10 years of making do with funding that has been withheld since the Liberals took power.

Canada-Aboriginal Process The Kelowna Meeting

The First Ministers Meeting on Aboriginal Issues, held Nov. 24, 25, 2005, in Kelowna, B.C. was orchestrated by the Paul Martin government with the support of Phil Fontaine (Assembly of First Nations) and the other National Aboriginal Organizations, for at least three main goals:

Canada-Aboriginal Process Kelownas Political Goals

Cooperate with capping and off-loading federal constitutional & fiscal responsibility for Indians and lands reserved for the Indians onto the provincial, territorial and municipal governments. Try to convince the Canadian public and national media that more money in Health, Housing, Education and Economic Development will fix the problem of First Nations poverty. Try to sideline and ignore the issues of Aboriginal and Treaty rights, First Nations ownership of lands and natural resources in Aboriginal title/Treaty territories.

Canada-Aboriginal Process Kelowna Avoids Causes of Poverty

The FMM in Kelowna deliberately dealt with the symptoms not the causes of First Nations poverty, because there is a lack of political will by the federal and provincial governments: To respect and recognize Aboriginal and Treaty rights. Recognize the right of First Nations to selfdetermination. To re-distribute lands and resources illegally taken by Crown governments, or provide compensation for taking the lands and resources.

Canada-Aboriginal Process Kelowna was About Deal-Making

The FMM is another public federalprovincial negotiation session about the escalating costs of delivering programs and services to First Nations (and other Aboriginal peoples), and which level of government will pay.

Canada-Aboriginal Process Kelowna was About Deal-Making

The federal government is now using the term Aboriginal-Canadians to lump First Nations in with the Inuit, Mtis and urban Aboriginals in order to disguise the off-loading of federal constitutional and fiscal responsibilities for Indians and lands reserved for the Indians onto the other levels of government. The provinces, particularly B.C., Saskatchewan and Manitoba, are considering the take over of First Nations if Canada pays them enough in transfer payments.

Canada-Aboriginal Process AFN - No Mandate From the People

The federal government has co-opted the Assembly of First Nations and the four other National Aboriginal Organizations by giving them large budgets and a seat at the table as Aboriginal and Treaty rights are traded off for the modern day equivalent of trinkets and beads.

Canada-Aboriginal Process AFN-No Mandate From the People

The grassroots people from First Nations communities have not been involved in this top down, undemocratic process, and are only now learning of the consequences. Grassroots actions in opposing the FMM are just the start of a larger political movement of reform taking place within our First Nation communities, Governments and organizations, to get out from under the colonial, racist Indian Act system.

TRANSITION: Liberals to Conservatives

Harpers Aboriginal Platform

A Conservative government will:

Accept the targets agreed upon at the recent Meeting of First Ministers and National Aboriginal Leaders, and work with first ministers and national aboriginal leaders on achieving these targets. Support the development of individual property ownership on reserves, to encourage lending for private housing and businesses. Let aboriginal parents choose the schooling they want for their children, with funding following the students.

Harpers Aboriginal Platform

Replace the Indian Act (and related legislation) with a modern legislative framework which provides for the devolution of full legal and democratic responsibility to aboriginal Canadians for their own affairs within the Constitution, including the Charter of Rights and Freedoms.

Harpers Aboriginal Platform

Pursue settlement of all outstanding comprehensive claims within a clear framework that balances the rights of aboriginal claimants with those of Canada. Adopt measures to resolve the existing backlog of specific claims so as to provide justice for aboriginal claimants, together with certainty for government, industry, and non-aboriginal Canadians. Implement all of the recommendations of the House of Commons Standing Committee on Aboriginal Affairs and Northern Development contained in its fourth report on Resolving Indian Residential School Claims, to expedite the settlement of claims and save money.

Harpers Aboriginal Platform

Recognize the contributions of Aboriginal veterans, and redress 60 years of inequity by implementing the resolution of the House of Commons to acknowledge the historic inequality of treatment and compensation for First Nations, Mtis, and Inuit war veterans, and take action immediately to give real compensation to these veterans in a way that truly respects their service and sacrifice.

Harpers Unilateral Plan: An Attack on First Nations

The Conservative plan is likely to speed up the Liberals 1969 White Paper plan to:

Eliminate the legislative and constitutional recognition of Indian status. Abolish Indian Reserves & Impose Taxation. Dismantling of Treaties. Off-load federal Indian programs & services onto provinces, municipalities and First Nation communities. Entrench economic underdevelopment.

Harpers Unilateral Plan: An Attack on First Nations

Since the federal election of January 2006, the Harper government has: Unilaterally issued a Water Policy & Standards for Reserves; Issued a Throne Speech that barely mentioned Aboriginal peoples; Issued a federal budget with little new money on First Nations (or Aboriginal) programs.

Harpers Unilateral Plan: An Attack on First Nations

CONCLUSION: It is likely the Conservatives will continue along the lines of the Liberals in mixing First Nations issues in with other Aboriginal groups, including urban Aboriginals. Another line of attack will be continuing with separating rights from programs, just as the Liberals have done.